Judge drops superintendent from lawsuit

Nancy Flake

Published
7:00 pm CDT, Friday, September 10, 2004

U.S. District Judge Lee Rosenthal on Thursday granted Stockton's motion for summary judgment based on qualified immunity in a civil lawsuit filed in April 2003 by a former McCullough High School student. The lawsuit, which also names the CISD as a defendant, claims that the student and former teacher and volleyball coach Felicia Shupp engaged in a three-year sexual relationship, which ended in 1999, from the time the girl was 14 years old until she was 17. The suit also claims that Stockton, who was the McCullough principal during the time of the sexual relationship, and the district did nothing to stop it. The original demand letter from the student sought $6 million in damages, but the lawsuit has no damages listed.

Shupp, also a defendant in the lawsuit, pleaded guilty to a 2002 indictment charging sexual assault of a child and was sentenced to seven years' deferred adjudication and 45 days in the Montgomery County Jail. She is now registered as a sex offender.

In denying the lawsuit's claims against Stockton, who was promoted to CISD superintendent in 2003, Rosenthal wrote in her ruling that "(the plaintiff) has failed to plead or present sufficient summary judgment evidence … whether Stockton learned of facts pointing plainly towards the conclusion that Shupp was sexually abusing (the girl) or demonstrated deliberate indifference by failing to take action …"

Rosenthal noted several accounts entered as evidence in the case that, while Stockton allegedly was told of a possibly inappropriate relationship between Shupp and a female student, he never knew who the student was.

"It is undisputed that Stockton summoned Shupp to a meeting during the 1998-99 school year," she wrote in her ruling. "Shupp stated in her affidavit that she met with Stockton and Gale Drummond, the assistant principal. Stockton and Drummond asked Shupp if she was having an inappropriate relationship with a student. Shupp replied that she was not.

"Shupp also stated that Stockton and Drummond warned her to keep her relationship with students professional at all times."

In his statement to investigators, Stockton did not recall that meeting or speaking to Shupp about any allegations involving Shupp and a specific student.

Three statements from Ruth Stayton, a McCullough parent who went to Stockton with her concerns about rumors regarding Shupp and a student, also do not mention any specific student.

CISD officials released a statement late Thursday afternoon, saying Rosenthal's decision "confirms that the allegations made against Dr. Stockton were unsupported by the evidence."

A quote from Stockton in the statement said, "I am pleased with the court's decision. I was confident all along that the court would see that the claims made against me were not founded in fact."

The lack of evidence supporting the judge's ruling also should undermine the former student's claim against the school district, said attorney David Feldman, who represents Stockton and the CISD.

"You have to show someone in a position of control knew what was going on and did nothing to stop it," he said. "There is no evidence of that."

Feldman said he will file a motion for summary judgment for the CISD in a week or two.

"It's a two-step process," he said. "The judge's ruling on the motion becomes the law of the case. Based on that (the lack of liability on Stockton's part), there can't be any liability of the district.

"You first address the individual, then the institution."

Gus Pappas, the Houston attorney representing the former student, is not ruling out further action in the case. "We've got to further flesh out facts to present as admissible evidence," he said. "There are a variety of ways we can go. We may file a motion to reconsider (the motion for summary judgment)."